PEOPLE v. GARCIA


110 A.D.2d 659 (1985)

The People of the State of New York, Respondent, v. Luis Garcia, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 1, 1985


Judgment affirmed.

Having reviewed the record before us, we conclude that Criminal Term's denial of defendant's motion to suppress physical evidence should not be disturbed on appeal. The evidence was properly recovered during a search incident to a lawful arrest based upon probable cause. Furthermore, in view of defense counsel's repeated accusations during summation that the prosecution witnesses had fabricated their story, the prosecutor's remarks in her summation...

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